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Tribunal - Mobility Advice required
- Lord Parker
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6 years 2 months ago #206428 by Lord Parker
Tribunal - Mobility Advice required was created by Lord Parker
I have just received notification about an upcoming tribunal hearing in a few weeks time, I ma appealing my PIP decision because I feel I cannot move more than 20 metres safely, reliably and repeatedly and I rely on a mobility scooter to move around outside the house due to being disabled in my left leg after an accident 5 years ago.
I have completed a mobility diary and created "Normal Day" document which highlights my normal day activities. What I find hard to do is to communicate across with examples how severe my mobility issues are.....
Does anyone have any ideas on how to show this to the tribunal folk?
I have completed a mobility diary and created "Normal Day" document which highlights my normal day activities. What I find hard to do is to communicate across with examples how severe my mobility issues are.....
Does anyone have any ideas on how to show this to the tribunal folk?
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- Gordon
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6 years 2 months ago #206468 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal - Mobility Advice required
Lord Parker
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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